Doubt_Probability_pg. 67 Flashcards
What is doubt?
suspension of the intellect’s assentand judgement in reference toa proposition
What is doubt opposed to?
certainty,suspicion, and opinion
What are te three steps leading to the firm assent of the intellect?
state of doubt wherenoassentexists, states of opinion and suspicion in which the intellect gives an imperfect assent, science and faith where there exists a firm assent w/o any fear of error
What are the kinds of doubt?
doubt of law (dubium iuris) or doubt of particular fact (dubium facti)
When is doubt positive?
fear of error is based on grave reasons
When is doubt negative?
fear of error rests on slight reasons
What is speculative doubt?
regarding the morality of a human act irrespective of its present performance or omission
What is practical doubt?
concerned w/ morality of an act to be performed here and now
What is the First Principle of Doubt?
No one is allowed to perform an act while in a state of positive practical doubt
What should man do if in this state to avoid mortal sin?
refrain from acting or remove practical doubt
How do we remove doubt?
directly or indirectly
How do we directly remove doubt?
diligently searching after truth till certainty attained (seek counsel)
How do we indirectly remove doubt?
reflex principles
What are Reflex or Indirect Principles?
general directions which directly and of themeselves do not prove the truth of the matter under investigation but do reflect their own clear light on the obscure practical doubt and dispel the darkenss of that doubt while the act is being performed
What are the significant reflex principles?
doubtful law has no binding force, in doubt one must stand by presumption, in doubt possession is nine-tenths of the law
When does a doubtful law not have binding force?
when doubt concerns the lawfulness of an act and not its validity
When can a doubtful law not be applied?
concerns validity of the Sacraments, concerns somthing which is absolutely necessary for salvation e.g. risk of losing eternal life, the safer opinion must be followed, when the question involves an established right of a third party e.g. judge would not be justified in giving judgement on the basis of a probable opinion while refusing to follow what is certainly the more probable opinion
What else shoudl one do in doubt?
One must stand in presumption
What do most reflex principles stand on?
Decretals of Gregory Ix
What are the rights of the third party?
e.g. a judge would never make a decision based on probable opinion
what is meant by “in doubt possession is nine-tenths of the law?”
principle forms the basis for the theory of Equiprobabilism and is known in brief as the principle of possession
What are the ten reflex principles?
doubtful law does not bind, in case of doubt one must err on the side of where the presumption lies, in case of doubt one must err on the side of the possessor, wrongdoing is not presumed but instead ought to be proved, in case of doubt one must err [even] on the side of one who is guilty, in case of doubt of presumption stands on the side of the superior, in case of doubt one must judge based on what ordinarily is the case what usually happens, in case of doubt one must err on the side of the validity of the act, in case of doubt favors should be extended and disfavors (hostilities) restricted, in doubtful matters one is bound by the minimum
What is a possessor?
not just a person, but also truth and falsity…
What is the superior?
the higher thing